§ 336-a. Educational activities. 1. Social services districts shall
make available vocational educational training and educational
activities. Such activities may include but need not be limited to, high
school education or education designed to prepare a participant for a
high school equivalency certificate, basic and remedial education,
education in English proficiency, education or a course of instruction
in financial literacy and personal finance that includes instruction on
household cash management techniques, career advice to obtain a well
paying and secure job, using checking and savings accounts, obtaining
and utilizing short and long term credit, securing a loan or other long
term financing arrangement for high cost items, participation in a
higher education course of instruction or trade school, and no more than
a total of four years of post-secondary education (or the part-time
equivalent). Educational activities pursuant to this section may be
offered with any of the following providers which meet the performance
or assessment standards established in regulations by the commissioner
for such providers: a community college, licensed trade school,
registered business school, or a two-year or four-year college;
provided, however, that such post-secondary education must be necessary
to the attainment of the participant's individual employment goal as set
forth in the employability plan and such goal must relate directly to
obtaining useful employment. When making an assignment to any
educational activity pursuant to this subdivision, such assignment shall
be permitted only to the extent that such assignment is consistent with
the individual's assessment and employment plan goals in accordance with
sections three hundred thirty-five and three hundred thirty-five-a of
this title and shall require that the individual maintains satisfactory
academic progress and hourly participation is documented consistent with
federal and state requirements. For purposes of this provision
"satisfactory academic progress" shall mean having a cumulative C
average, or its equivalent, as determined by the academic institution.
The requirement to maintain satisfactory academic progress may be waived
if done so by the academic institution and the social services district
based on undue hardship caused by an event such as a personal injury or
illness of the student, the death of a relative of the student or other
extenuating circumstances. Participation in an educational and/or
vocational training program, that shall include, but not be limited to,
a two-year post-secondary degree program, which is necessary for the
participant to attain their individual employment goal and is likely to
lead to a degree or certification and sustained employment, shall be
approved consistent with such individual's assessment and employability
plan to the extent that such approval does not jeopardize the state's
ability to comply with federal work participation rates, as determined
by the office of temporary and disability assistance.

2. When a district contracts with a proprietary vocational school to
provide vocational educational training to participants, not more than
twenty-five percent of the approved duration of the program shall be
devoted to preparation for a high school equivalency diploma or
instruction in English for students with limited proficiency in English.
Participants needing instruction in basic literacy shall be referred to
basic education programs. Instructors employed by proprietary schools to
prepare a participant for a high school equivalency certificate or for
education in English proficiency shall meet experience requirements
established by the regulations of the commissioner of education.

3. When a participant is assigned to an appropriate vocational
educational or educational activity and such activity is available at no
cost to the social services district through the school district or
board of cooperative educational services in which the participant
resides or through another agency or organization providing educational
services, the social services district shall refer the participant to
such district, board, agency or organization.

4. To the extent provided in paragraphs (a) through (d) of this
subdivision and if resources permit, each social services official shall
assign to appropriate educational activities any participant who has not
obtained a high school diploma or its equivalent:

(a) In accordance with the provisions of this chapter, any such
participant who is under age eighteen shall be required to attend
educational activities designed to prepare the individual for a high
school degree or equivalency certificate. Participants who are not
subject to compulsory school attendance requirements may be exempted
from the requirements of this paragraph under criteria established by
the department in consultation with the state education department and
consistent with federal law and regulations.

(b) Any such participant who is age eighteen or nineteen shall be
assigned to educational activities, except that the district shall
assign such participant to employment and/or other activities under this
title if the district has determined that such alternative activities
are consistent with the participant's employability plan and, pursuant
to department regulations, there has been a determination by the
district based on such plan that educational activities are not
appropriate for such participant or that the participant has failed to
make good progress in such educational activities.

(c) Any such participant who is an adult in a two-parent family and is
under age twenty-five may be required to participate in educational
activities consistent with his or her employment goals set forth in the
employability plan.

(d) The social services official shall not assign a participant
described in this subdivision to any activities which interfere with the
educational activities assigned pursuant to such participant's
employability plan and described in this subdivision.

5. Any applicant for or recipient of public assistance pursuing
activities described in this subdivision shall not be assigned to any
other activity prior to conducting an assessment and developing an
employability plan as prescribed in section three hundred thirty-five or
three hundred thirty-five-a of this title. Local social services
districts may periodically reevaluate a participant's employment plan
and make assignments to other work activities in order to meet
participation rates, giving due consideration to the participant's
progress in the current, and if applicable, prior program.

6. Nothing required in this section shall be construed to supersede
the eligibility requirements of teen parents as set forth in this
chapter.